B.A., International Relations, James Madison College, Michigan State University. J.D., University of Michigan Law School, 1986. Practice concentrated in bankruptcy, commercial law, business law, workouts, real estate and complex situations.
A: The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.
A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral rights. I do not know what you mean by "water rights". That phrase does not have a specific meaning under Michigan law as far as I know. There are a number of different rights that might be called "water rights".
The restriction purportedly placed on the property by your grandfather seems like an unreasonable restraint on alienation. See MCL 554.51.
Although a title company might
sort this out and insure title in your buyer, you may need to consult an attorney. An attorney would need to see the documents. ... Read More
A: This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires the consideration of a number of issues. You may wish to consult an attorney regarding your overall plan.
A: Yes. A land contract forfeiture action is provided for by the court rules, and there are court forms for the procedure. An attorney could handle this for you, or you might be able to get it dome yourself.